Current through Register Vol. 63, No. 3, March 1, 2024
(1) describes
generally how DEQ determines registration fees, and sections (2) through (4)
provide the specific process for determining registration fees.
(1) Overview. Each year manufacturer
registration fees total the revenue need for that year. DEQ assigns
manufacturers to registration fee Tiers 1-7 based on their market share. All
manufacturers within a tier pay the same registration fee in any given year.
Manufacturers in Tier 6 pay a fee of $200. Manufacturers in Tier 7, with the
smallest market share, pay $40. Fees for manufacturers in Tiers 1-5 are
calculated each year to total the revenue need remaining after subtracting the
revenue expected from Tiers 6 and 7. To determine the manufacturer fee for each
of Tiers 1-5, the total market share for all manufacturers in a tier is
multiplied by the remaining revenue need. That revenue share for the tier is
then divided by the number of manufacturers in the tier to determine the fee
for those manufacturers. DEQ then adjusts the fees for Tiers 1-5 so that no fee
is more than $35,000 or less than $200. If the fee for any tier is over
$35,000, DEQ caps the fee at $35,000, and distributes the amount of unallocated
revenue from that tier to lower tiers in proportion with their market share
(excluding Tiers 6 and 7). If the resulting fee for any tier is below $200, DEQ
raises the fee to $200 for that tier and recalculates the fees for the higher
tiers as described above for Tiers 1-5.
(2) Total registration fees. Each year the
total registration fees of manufacturers required to pay a registration fee
under ORS 459A.315 and OAR
340-098-0000
through
340-098-0200 will
equal the revenue need for the fiscal year beginning July 1 of that
year.
(3) Registration fees. For
each year after 2012, each manufacturer will pay a registration fee described
in this section:
(a) Registration fees will
be based on the following fee tiers:
(A) Tier
1 includes all manufacturers with a market share greater than or equal to
5%;
(B) Tier 2 includes all
manufacturers with a market share greater than or equal to 1% but less than
5%;
(C) Tier 3 includes all
manufacturers with a market share greater than or equal to 0.1% but less than
1%;
(D) Tier 4 includes all
manufacturers with a market share greater than or equal to 0.03% but less than
0.1%;
(E) Tier 5 includes all
manufacturers with a market share greater than or equal to 0.01% but less than
0.03%;
(F) Tier 6 includes all
manufacturers with a market share less than 0.01% that equates to 50 or more
units.
(G) Tier 7 includes all
manufacturers with a market share that equates to less than 50 units.
(b) The registration fee for each
manufacturer in Tier 6 will be $200. The registration fee for each manufacturer
in Tier 7 will be $40.
(c) The
registrations fees for manufacturers in Tiers 1-5 will equal the revenue need
remaining after subtracting the revenue expected from Tier 6 and 7
fees.
(d) For Tiers 1-5, except as
adjusted by subsections (3)(f) through (3)(i), the total registration fees for
each tier will be a percentage of the remaining revenue need that is equal to
the total market share of the manufacturers in that tier.
(e) For Tiers 1-5, except as adjusted by
subsections (3)(f) through (3)(i), the registration fee of each manufacturer in
a given tier will be the amount of the remaining revenue need that the
manufacturer's tier is responsible for, as stated subsection (3)(d), divided by
the number of manufacturers in that tier.
(f) For Tiers 1-5, the registration fee for
manufacturers in any tier will not be more than $35,000. The registration fee
for manufacturers in a tier in which the registration fee is calculated to be
more than $35,000 will be adjusted to $35,000.
(g) For Tiers 1-5, after the registration fee
adjustments described in subsection(3)(f), the registration fees of each
manufacturer in a tier with registration fees below $35,000 will also be
adjusted so that total registration fees still equal the remaining revenue
need, as follows:
(A) Fee adjustment = (W ? (X
÷ Y)) ÷ Z.
(B) "W" is
the net amount of registration fees above $35,000.
(C) "X" is the total market share of all the
manufacturers in the manufacturer's tier.
(D) "Y" is the total market share for all
manufacturers in tiers 1-5 with registration fees below $35,000, excluding
manufacturers whose fees have been adjusted to $200 in accordance with
subsection (3)(i).
(E) "Z" is the
total number of manufacturer's in the manufacturer's tier.
(h) If any manufacturer in Tiers 1-5 would
pay a registration fee greater than $35,000 after the process described in
subsection (3)(g), the process described in subsections (3)(f) and (3)(g) will
be repeated until no manufacturer pays a registration fee greater than
$35,000.
(i) After the process
described in subsections (3)(f) through (3)(h) has been completed, the
registration fee for any manufacturer in Tiers 1-5 in which the registration
fee is calculated to be less than $200 will be adjusted to $200. The total
revenue from all fees in tiers for which fees are raised to $200 will be
subtracted from the remaining revenue need and the fees for all higher tiers
will be recalculated to meet that adjusted revenue need as described in
subsections (3)(d) through (3)(i). The process described in subsections (3)(d)
through (3)(i) will be repeated until no manufacturer pays a registration fee
less than $200.
(4) 2012
fees. Manufacturers will pay registration fees in ORS 459A.315(2)(b) for
calendar year 2012, except:
(a) If the total
revenue to be collected under the method described in ORS 459A.315(2)(b) is
less than the revenue need for 2012, DEQ will calculate each manufacturer's
registration fee according to OAR
340-098-0150(3);
(b) The registration fees of manufacturers
whose registration fees would be at least $250 higher calculated under OAR
340-098-0150(3)
than under ORS 459A.315(2)(b) will be adjusted so that the total registration
fees for 2012 equal revenue need; and
(c) Each manufacturer described in subsection
(4)(b) will pay the following registration fee adjustment: Fee adjustment = (A
? (B ÷ C)) ÷ D where:
(A) "A"
is the difference between the revenue need and the amount to be collected under
the method described in ORS 459A.315(2)(b);
(B) "B" is the total market share of all
manufacturers in the manufacturer's tier;
(C) "C" is the total market share of all
manufacturers described in subsection (4)(b); and
(D) "D" is the total number of manufacturers
in the same tier as the manufacturer.
Stats. Implemented: ORS
459A.315